As Passed House, April 21, 2004 (As amended April 21, 2004)

SUBSTITUTE FOR HOUSE BILL NO. 5278

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 3406r.

(1) Notwithstanding any other provision of law, a health maintenance
organization and a health insurer may refuse to offer or provide a health
care benefit on ethical, moral, or religious grounds as reflected in its
articles of incorporation, bylaws, or an adopted mission statement.

(2) A health maintenance organization and a health insurer shall not
refuse to offer or provide a health care benefit under subsection (1) if the
benefit is specifically covered under the contract, policy, or certificate.

(3) A health maintenance organization and a health insurer's refusal to
offer or provide a health care benefit under subsection (1) shall not be a
basis for 1 or more of the following:

(a) Civil, criminal, or administrative liability.

(b) Eligibility discrimination against the health
maintenance organization or health insurer in providing a contract, policy,
or certificate unless offering or providing the health care benefit is
expressly required.